State v. Johnson
Supreme Court of Minnesota
Defendant’s motion in arrest of judgment having been denied by the district court for Swift county, Brown, J., presiding, the judge, at defendant’s request, reported the case to this court.
1Opinion of the Court
Berry, J,
The defendant was indicted for a rape committed upon a person called in the indictment Mary Kurkwiski. Upon the trial the evidence showed that the name of the person upon whom the offence was committed was pronounced as if written Kurkowski. The jury found the defendant guilty as charged in the indictment. A motion for arrest of judgment was made, upon the ground of variance between the *317evidence and the indictment, as respected the name of the party injured. Without stopping to inquire whether, strictly speaking, this was a proper way in which to raise the objection, we are of…
2Cited by2 opinions
- State v. BlakeleySupreme Court of Minnesota · 1901
- State v. ProvencherSupreme Court of Minnesota · 1915